The present invention relates to an information providing apparatus, a server apparatus and an information processing method for actively stimulating the circulation of information.
Recent years have seen numerous cases where patent holders warn a third party (unauthorized party) against possible infringement of patents or other intellectual property rights, or bring lawsuits to those who are deemed to have violated in any way of the patent holders"" rights.
In such cases, an unauthorized party having received a warning or become a defendant in a trial will seek to invalidate the accusing right holder""s patent, utility model, trademark, design, copyright, etc. Illustratively, in order to find materials to invalidate the patent in dispute, the unauthorized party searches through patent gazettes, technical documents and magazines or products published or manufactured prior to the granting or filing of the patent in question; or sifts through instruction manuals and service manuals regarding related products. If relevant materials are uncovered, the unauthorized party files an opposition to the patent holder or seeks a trial for invalidation of the patent.
When looking for invalidating materials, the unauthorized party searches illustratively through databases designed for patent information retrieval or databases on technical documents.
If a patent holder brings a lawsuit against a third party, the third party as a defendant submits publicly known documents to the court with regard to the patent of interest. In such cases, too, databases on publicly known documents are often looked up in search of relevant materials.
The trouble is that databases through which to search for invalidating materials contain huge quantities of data. Those who try to look for the pertinent publicly known documents in these databases find it difficult to do so unless they are in possession of specialized know-how such as ways to determine suitable keywords in search of effective information.
Another problem is that publicly accessible databases contain few, if any, entries with respect to documents or products privately owned since before the granting or filing of the patent in dispute, or entries regarding documents testifying to the practice of related know-how by individuals prior to the patent. It is impossible for the general public to gain access to such unlisted information that may be effective for invalidating patent rights.
In particular, it may be desired to contest a right patented in one country by collecting technological information, documents, knowledge, know-how or expertise known in other countries around the world. Such efforts, however, have been thwarted so far by the linguistic differences and underdeveloped database facilities combined to pose virtually insurmountable hurdles.
Furthermore, to invalidate patent rights often requires highly specialized knowledge of patent attorneys, layers and other experts. In fact, the general public may have relevant invalidating information but may not be able to put it to effective use for lack of necessary expertise. When unauthorized parties seek to invalidate patent rights, they often require experts"" help but find it difficult to decide whom to turn to for individual cases of litigation.
The present invention has been made in view of the above circumstances and provides an information providing apparatus, a server apparatus and an information processing method for constituting a system which allows unauthorized parties warned or sued by right holders to look for relevant materials for invalidating rights at issue or to seek otherwise to invalidate such rights.
In carrying out the invention and according to one aspect thereof, there is provided an information providing apparatus comprising: a first receiving element for receiving information entered by a registered party about a right held by a right holder, and information for charge processing with regard to the registered party; a storing element for storing the information which is entered by the registered party about the right held by the right holder and which is received by the first receiving element; a transmitting element for readably transmitting to the general public the information stored in the storing element with regard to the right held by the right holder; a second receiving element for receiving information which is transmitted by a reader for use in invalidating the right; and a charge processing element for effecting charge processing causing the registered party to pay a consideration to the reader for the information provided to invalidate the right, the charge processing being performed based on the information for charge processing with regard to the registered party.
According to another aspect of the invention, there is provided an information providing apparatus comprising: a first receiving element for receiving information entered by a registered party about a right held by a right holder, and information for charge processing with regard to the registered party; a storing element for storing the information which is entered by the registered party about the right held by the right holder and which is received by the first receiving element; a transmitting element for readably transmitting to the general public the information stored in the storing element with regard to the right held by the right holder; a second receiving element for receiving information which is transmitted by a reader as a token of willingness to invalidate the right; and a charge processing element which, if the reader invalidates the right, then effects charge processing causing the registered party to compensate the reader for the invalidation of the right.
According to a further aspect of the invention, there is provided a server apparatus for disclosing information entered by a registered party to the general public in order to solicit information from readers, the server apparatus comprising: a storing element for storing information entered by the registered party about a right held by a right holder; a transmitting element for readably transmitting to the general public the information stored in the storing element with regard to the right held by the right holder; a receiving element for receiving information which is transmitted by a reader for use in invalidating the right; a transferring element for transferring the information which is received by the receiving element from the reader, to the registered party for use in invalidating the right; and a notifying element which, if the registered party receives the information for invalidating the right, then notifies a charge processing system to make the registered party pay a consideration to the reader for the information provided by the reader.
According to an even further aspect of the invention, there is provided a server apparatus for disclosing information entered by a registered party to the general public in order to solicit information from readers, the server apparatus comprising: a storing element for storing information entered by the registered party about a right held by a right holder; a transmitting element for readably transmitting to the general public the information stored in the storing element with regard to the right held by the right holder; a receiving element for receiving information which is transmitted by a reader as a token of willingness to invalidate the right; and a notifying element which, if the reader invalidates the right, then notifies a charge processing system to make the registered party pay a consideration to the reader for the invalidation of the right.
According to a still further aspect of the invention, there is provided an information processing method for soliciting readers to provide information about a right which is held by a right holder and which is entered into a server by a registered party, the method comprising the steps of: firstly receiving from a reader the information about the right entered into the server by the registered party; transferring to the registered party the information received in the first receiving step with regard to the right; if the right is invalidated by use of the transferred information about the right, then secondly receiving a charge processing order from the registered party; and notifying a charge processing system to make the registered party pay a consideration to the reader based on the charge processing order received in the second receiving step.
According to a yet further aspect of the invention, there is provided an information processing method for soliciting readers to furnish tokens of willingness to invalidate a right which is held by a right holder and which is entered into a server by a registered party, the method comprising the steps of: firstly receiving information which is transmitted by a reader as a token of willingness to invalidate the right; transferring to the registered party the information received in the first receiving step; if the reader invalidates the right, then secondly receiving a charge processing order from the registered party; and notifying a charge processing system to make the registered party pay a consideration to the reader based on the charge processing order received in the second receiving step.
According to the invention, as outlined above, there is provided a system which allows an unauthorized party to collect invalidating information about a patent right in dispute or to recruit experts willing to execute necessary proceedings on behalf of the unauthorized party trying to invalidate the right at issue.
Other objects, features and advantages of the invention will become more apparent upon a reading of the following description and appended drawings.